Gary Harvey, 60, is a Vietnam veteran and a Horseheads resident who suffers from a severe head injury. Mr. Harvey is under both the guardianship of Chemung County and under the total care of St. Joseph’s Hospital in Elmira. The Gary Harvey story has gotten much media attention, as Bobby Schindler, the brother of the late Terri Schaivo (who died in 2005 after being food by a hospital in Florida), has been campaigning in defense of Gary Harvey's wife, Sara.
Here's the latest: Sara Harvey filed a lawsuit to force Chemung County to prove they had not gone past the limits of their authority in the guardianship of Gary.
Chemung County filed a motion to dismiss the case, the State Court of Appeals has denied the motion to dismiss, so the case will be going forward.
Attempts to reach both Chemung County Government officials and officials at St. Joseph’s Hospital in Elmira were unsuccessful.
Source:
Gary Harvey Update: Court Denies Dismissal
See Also:
HelpBringGaryHome
8 comments:
Do I believe my eyes? Is this real justice coming, finally?
It's a great victory. I bet "they" didn't count on this at all.
Hooray for Sara and Gary!
I am praying for Gary to be returned home! To see justice would be wonderful!!
Yes Thelma --- you can believe your eyes .... Gary Harvey is FINALLY going to have "his" day in court.
If I could clarify on point in this article .... Gary Harvey actually filed the lawsuit. Sara's role is that she is acting, and "standing in" so to say, as Gary's Wife/Next-Friend"
The legal status of "next-friend" is how third parties and family members speak for the "ward" in cases like this.
In sum, Gary's voice is finally being heard in court and FYI, the lawsuit is seeking writs of prohibition, mandamus and certiarori ..... kind of an odd, under-utilized and extraordinary means of seeking relief. Not your everyday ordinary lawsuit .....
A fitting post for Independence Day!
I bet the Guardian and the Hospital didn't want to comment! They should be hanging their heads in shame!
May this give hope in the judicial system and restore failth and integredity back into the America spirit and the foundation of our fore fathers.
I bet Lincoln who ended slavery is rolling in his grave over what they have done to our elderly and disabled.
They tried to end Garys life by starving and dehrdrating him because he became disabled...then why not take food stamps away for those who can not or will not work? Same principle in my book.
I am so happy for the Harveys! This is the beginning of accountability for the guardians' mistreatment and neglect of Gary Harvey. Hooray!
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